Steve Butcher

A policeman of more than 20 years found guilty of a "frightening" road rage assault remains a serving Victorian officer.

Leading Senior Constable Matthew Blythe was found guilty by a magistrate almost two years ago of unlawfully assaulting a retired racehorse trainer in 2010.

Leading Senior Constable Blythe, who pleaded not guilty, was fined $700 without conviction, a sentence a judge later set aside on appeal and substituted with a $2000 fine with a conviction.

A Supreme Court judge who reviewed that decision then fined him $1500 without conviction.

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When Leading Senior Constable Blythe, 47, appeared on Friday before Judge Jane Patrick, she ordered him to pay the victim of his road rage attack, Garry Frearson, $9000 compensation for pain and suffering.

In her judgment, Judge Patrick said she considered the figure appropriate for the pain and suffering Mr Frearson, 70, experienced as a direct result of the offence committed by Leading Senior Constable Blythe.

His lawyers opposed the application, arguing earlier this year there was insufficient evidence to conclude his actions caused or aggravated Mr Frearson's shoulder injury.

They also argued, said Judge Patrick, that if any compensation was made it be "very modest".

In her earlier findings on the appeal, Judge Patrick said Leading Senior Constable Blythe, who was off duty on May 9, 2010, assaulted Mr Frearson after he went to the victim's car and yelled words to the effect that he was a "f---ing idiot" and had been harassing the officer.

She said Mr Frearson shouted back and a struggle began, with the policeman trying to get Mr Frearson's keys and him resisting.

Judge Patrick said Mr Frearson was grabbed by the front of his shirt and struck deliberately on his chin by Leading Senior Constable Blythe, which caused pain and some bleeding.

She was satisfied that Leading Senior Constable Blythe was the aggressor "throughout the incident" and was satisfied beyond reasonable doubt he was not acting in self-defence.

"I consider that all Mr Frearson's actions were in reasonable defence of his property and himself and were attempts to prevent Mr Blythe taking his keys and to get him out of his car," Judge Patrick said at the time.

In her decision on Mr Frearson's application for compensation, Judge Patrick noted there had been evidence that he had been the victim of a road rage attack in 2006 from which he suffered a moderately severe post-traumatic stress disorder.

She found it probable his right arm and shoulder were "involved in a forcible way" in the pushing and shoving with Leading Senior Constable Blythe that preceded the blow to his chin.

Judge Patrick was satisfied that Mr Frearson suffered additional injuries from the incident, being post-traumatic stress disorder, depression and anxiety.

"This incident consisted of an unprovoked, dramatic and frightening assault on Mr Frearson," she said, but accepted the defence argument that there were "other factors" that contributed to his depression and anxiety "independent of this incident".

She did not accept that problems with his shoulder were entirely related to the incident and "I make it clear that I do not consider that Mr Frearson's fear of retribution has any foundation and regard that as a symptom of his anxiety rather than a cause of it".

At the end of her judgment, defence solicitor Tim Freeman confirmed that his client had not been dismissed as a result of the earlier finding of guilt and that he remained a member of the police force.

Judge Patrick ordered that the $9000 be paid in full by June 11 after Mr Frearson's lawyer Steve Schembri opposed Mr Freeman's application for a $1500-a-month instalment order.